UNIVERSITY OF ZULULAND

FACULTY OF COMMERCE, ADMINISTRATION & LAW

DEPARTMENT OF PRIVATE LAW

KWADLANGEZWA CAMPUS

LEGAL SKILLS ________________________________________________________

COURSE CODE: LCLS 102

YEAR: SEMESTER 1 -2014

CREDIT VALUE: 16 (NQF level -5)

Vision:

The University of Zululand will be the leading rural-based comprehensive university providing quality, career-focused undergraduate and post graduate education, including research in the social and natural sciences, in partnership with the local and global community.

Mission:

To provide access to students from diverse backgrounds to an enabling and caring learning and teaching environment; to offer relevant programmes that are responsive to the development needs of society; to generate knowledge through research, disseminate it through publications, teaching and development, in partnership with the community.

1. Welcome Statement

Welcome to the course LCLS 102 LEGAL SKILLS. Legal skills are a practical module applying the principles learned during LPLP 101 and LPFL102 to everyday scenarios.

The module will focus on developing the drafting as well as the presentation skills required by legal practitioners, with emphasis on the drafting of family law related pleadings and applications.

The module content includes drafting divorce pleadings, maintenance applications, domestic violence applications, custody applications, settlement agreements and adoption processes. As part of developing communication and presentation skills students will participate in mock trials/moot courts.

Due to the practical nature of the module and in line with continuous assessment, the module will be assessed by writing two formal assessments as well as continuous class assignments.

From a teaching perspective, this module will afford you the chance to develop your potential through participation in class discussion and individual assessment. The teaching method will therefore be interactive rather than lecturer-focused. Active participation and in-class problem solving shall be rewarded by way of inclusion in the calculation of the semester mark.

The guiding principle in this module is that there is no right or wrong answer but rather potential answers which are subject to further qualification.

I have included the LLB degree policy document as well as very useful study hints, hoping it will assist you with understanding what is expected of you as a student at Unizul, as well as to assist you with your studies.

There is no ‘easy’ way. Put in the work and you will do well in the course.

Good luck with your studies.

2. Course personnel

Course leader: L Ramaccio Calvino, Contact details:

Room 307, D Block.

Contact Number: Extension 6212

Consultation Hours: To be announced & by notice.

Vice Dean: Mr L Ndlovu, Room 325, D Block.

Contact Number: Extension 6496

Law Dept Secretary: Mrs M Mthiyane, Law Dean’s Office

Contact Number: Extension 6212

bmkhwan@pan.uzulu.zc.za

3. Course resources

Introductory material

This provides a general overview of the module, administrative information and details of the various pieces of assessment you will be required to complete to pass the course.

Study material

This is the key learning resource. It is divided into modules, each of which focuses on specific aspects of Family Law and law of Persons. Each module lists learning objectives and provides guidance for the use of your text.

Solutions

Solutions to the assessments will be provided during the feedback discussions.

Text

Cronje,DSP & Heaton J, South African Law of Persons, 2004, 3^rd ed, Lexis Nexis, Butterworths, DURBAN
Cronje,DSP & Heaton J, South African Family Law, 2010, 3^rd ed, Lexis Nexis, Butterworths, DURBAN
Palmer & Cook, Becoming a Lawyer, LexisNexis, Butterworths, DURBAN.
Notes:
A copy of precedents will be made available at Room 305 as well as via the class representatives. PLEASE ENSURE that you make the necessary arrangements in making copies of same from the abovementioned individuals.
Lecture slots:

Kindly refer to the lecture slots and consulting hours as published on the notice at room 307.

Alternative consulting hours can be arranged directly with me.


4. Study schedule (PLEASE NOTE THAT THE LEARNING OUTCOME IS NOT COMPREHENSIVE AND IS PURELY TO ASSIT STUDENTS IN STUDYING THE CHAPTER CONTENTS. THE CASE LAW APPLICABLE TO EACH CHAPTER WILL BE DISCUSSED DURING LECTURERS.)

Week	Module	Activity/Reading	Assessment
1	Module 1: Introduction to family law litigation. Learning outcome: · Explain what the first consultation with a client entail; · Explain the importance of file administration; · List the information required during the first consultation process; · Define jurisdiction and be able to mention and differentiate between instituting divorce actions in a High Court and in a circular court;	Text/Notes Class notes
2&3	Module 2: Drafting of the Combined summons and annexure Learning outcome: · Differentiate between an ordinary and combined summons; · List the documentation that are to be attached to the Combined summons when issuing summons; · Drafting the Annexure A and Annexure B documentation; · Explain the procedure involved in issuing a summons; · Understand and discuss the litigation process involved with regard to an unopposed divorce; · Understand and discuss the litigation process involved with regard to an opposed divorce; · Differentiate between a Plea and a Counterclaim; · Be able to draft the basic pleadings and a notice in respect of opposed divorce; · Explain forfeiture of benefits as well as list the factors as per section 9 of the Divorce Act; · Explain what a redistribution order is and list the prerequirements for the granting of such an order; · Explain the interrelationship between section 7(2) and 7(3) as well as the “clean break” principle.	Text/Notes Uniform Rules of Court Jurisdiction of Regional Courts Amendment Act 31 of 2008 Bundle A: Copy of summons (A1), particulars of claim ( A2) annexure A(A3), statistic form(A4), Annexure B(A5), Notice of intention to defend (A6) Plea (A7), Counterclaim(A8), Notice of set Down (A9), Process flow & Notices (A10), Notices (A11.1-5), Notes – issuing and service (A12.1), Applications & actions (A12.2), Indexing (A12.3), Matrimonial law notes (A 12.4)
4	Module 3: Drafting Settlement Agreements Learning outcome: · Be able to draft a basic divorce settlement agreement. · Distinguish between guardianship, care-giving and contact rights; · Be able to incorporate the best interest of minor children into the settlement agreement; · Explain how a settlement agreement is endorsed by the Family Advocate’s office; · Briefly explain what a family advocate’s enquiry entails.	Text/Notes Bundle B: Notes (B10); Examples(B2).	Assessment 1
5&6	Module 4: Drafting High court applications, variation orders, supporting affidavits Learning outcome: · Explain a R43 application; · Explain the process involved in filing a R43 application; · List the information required in drafting a R43 application; · Explain what relief can be claimed in terms of a R43 application; · Be able to draft the basic documents in opposing a R43 application; · Explain the process involved in applying for a variation order; · Be able to draft a basic supporting affidavit.	Text/Notes Bundle C: Notes (C1); R43(6) (C2)
7&8	Module 6: Drafting Maintenance Applications Learning outcome: · Explain under what circumstances a claimant can claim maintenance; · Differentiate between maintenance in respect of a minor child and spousal maintenance; · Be able to do basic maintenance calculations; · Explain the process in filing a maintenance application; · Explain the maintenance trial procedure; · Explain how maintenance orders can be enforced.	Text/Notes Chapter 13 text Bundle D: Flow chart (D1) Maintenance Act (D2) Notes(D3)
9&10	Module 7: Drafting Domestic Violence Applications Learning outcome: · Know whom can apply for a domestic violence order; · Explain which court will have jurisdiction over a domestic violence application; · Mention and discuss what relief can be claimed in terms of a domestic violence order; · Explain the process in applying for a domestic violence order; · Be able to draft the necessary documents in opposing a domestic violence application; · Explain how a domestic violence order can be set aside or varied.	Text/Notes CH21 Bundle E: Notes (E1) DV Act (E2)
11	Module 8: Adoption Learning outcome: · Understand the process involved in domestic adoption applications; · Understand the process involved in international adoptions; · Explain a motherhood agreement; · Discuss surrogacy.	Text/Notes Chapter 6 text book Children’s Act, Act 38 of 2005 (Chapter 15).
12	Module 9: The interest of children during divorce proceedings, miscellaneous matters regarding divorce Learning outcome: · Explain what the criteria of “the best interest of the child” entails and how recent legislation regulates the best interest of the child; · Explain a parenthood agreement; · Be able to draft a basic parenthood agreement; · Explain a partnership agreement; · Name the rights afforded to children i.t.o. the children’s rights clause in the Constitution as well as the recent Children’s Act. · Define parental authority; · Explain the scope of the duty to support and how the duty to support is enforced; · Explain that the duty of support is reciprocal and when it comes to an end.	Text/Notes Children’s Act, act 38 of 2005 ( Chapters 2, 3&5)

5. Assessment scheme

Assessment objectives

The objectives of this course are outlined in the course specification. You should note that each objective relates to a module of study for this course. All objectives will be assessed via two assessments and class assignments as well as a exam.

6. Assessments

Studying techniques

Preparing for assessments/examinations
It is a good idea to begin revising the semester’s materials at least two or three weeks before the examination. That way, you have time to put in a bit of extra effort on areas you are not quite certain of. Here are some extra points to help you.
Revise your notes. Go over the notes you have made for yourself during your study. Make sure that you see the relationship between the key points that you have written down, and the related details.
Get together. If possible, get together with others studying the same course. Discuss each point. Quiz each other.
Review ‘past examination papers’. You can use same as a ‘trial run’ to get an idea of working within a strict time limit. Past examination papers may give you an idea of the kind of questions that might be asked. But don’t place too much emphasis on them as lecturer can ask different styles of questions.
Review assignments. Go over previous assignments. If you did not do well, look at the lecturer’s comments/feedback to find out where you went wrong.
Get to bed in good time. Don’t stay up revising all of the night before the exam. Get a good night’s sleep so that you are alert and at your best. And don’t skimp on meals before the exam. Mental exertion is just as dependent on a healthy body as is physical exertion.
Confirm examination mode. Come prepared with all necessary equipment.

During your assessment/ examination

Time planning. Just as you plan how you will use your weekly study time, so too should you plan your time in the examination. Here are some guidelines on how to use your time effectively in your examination.

· Try to leave yourself sufficient time at the end of the examination to check over your work and make any last-minute corrections.

· If all questions have equal weight, plan to take about the same amount of time with each one. If the questions have unequal weighting, spend more time on those questions with many marks, and less time on the ones with fewer marks.

· In multiple choice questions, don’t spend too much time on questions you can’t answer easily or quickly. Go ahead and answer the others first, leaving yourself sufficient time to return to those that you are unsure of.

Hints on answering questions. Here are few hints to help you in answering questions.

· Write legibly. Even with the best will in the world, a marker cannot give you credit if your writing cannot be read.

· In answering essay questions, make certain that your essay is well organised and grammatically correct. It will pay dividends to spend a few minutes planning your essay before you begin writing.

· Make sure that you answer the question asked. Underline the key words in the question, and underline the verb. This will help you to focus on the essence of the question.

Be committed
Try to build your study plan around fixed time commitments – the time that you must give to your essential daily activities such as family, eating and sleeping, recreation and leisure.
Be realistic
Try to be realistic in planning your study time. You will probably have to give up some of the things you do to make time for study. On the other hand, most people need recreation, and find it easier to stick to a schedule if they specifically include time for sport, leisure, or other relaxation.
Study every day
Study is easier if you spread the work out, rather than trying to cram it all into one or two days. Also, research has shown that you learn better and remember more if you spread out your studying.
Your concentration span
Most people find that it is difficult to concentrate for long periods. If you must study for a long period of time, be sure to take a break every hour for a few minutes.
Your study timetable
Find out what time of day you study best. Some people are most alert early in the morning, some in the afternoon and others late at night. For example, if you are a ‘morning person’, try to schedule an hour or two of study in the early morning before you go to work, or before the rest of the family is out of bed.
Set realistic goals
But set goals! Before you begin a study period, decide what it is you intend to accomplish. It may be to summarize one chapter, to write two pages of an essay. And give yourself a pat on the back when you have completed your assigned task.
Set good habits
Get in the habit of beginning work as soon as you sit at your study table. Do not use part of your study time for other things, such as straightening your room or alphabetizing your books.

Review your work

At the end of each study period, review the work that you have done, and if necessary modify your study plan. At the end of each week, plan your timetable for the week ahead.
Study Strategies
Studying refers to all that you do in order to learn something. Here are some suggestions to help you study effectively.
Be active
Be actively involved with the things that you are trying to learn. For example, write key points in your own words. Try to relate your study to your own experience, whether it be at home, or elsewhere.
Avoid compartmentalization
Try to see the relationships among different modules in a course, and different courses in your program. The more you seek for and find connections among the things that you study, the more sense they will make and the easier they will be to remember.
Use memory aids

· List the major points in each module of a study book or chapter of a textbook. These major points form the ‘framework’ of the course. If you understand the framework, you will find it easier to remember the details.

· Some students write important points on cards and go through them from time to time. Others write a detailed outline and pin it up on a wall by their study table. Such visible reminders are a simple and efficient way to help you memorize basic facts.

Complied by:

L Ramaccio Calvino

Admitted Attorney of South Africa

Lecturer - Private Law

Faculty Administration, Commerce & Law

University of Zululand

Block D - Room 307

KWADLANGEZWA

Telephone Number: 035-9026335

Legal Skills (Family law practical)

Thursday 27 February 2014

STUDY GUIDE 2014